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Time to get a milwaukee open carry map

BJA

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May 4, 2008
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SOuth Milwaukee, Wisconsin, USA
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Okay so as open carriers we always have to be aware of statutes, one of them which is the school zone law. I hope in my free time over the next week or two to make a map listing the "school zones" in Milwaukee county. As John pierce said we may see an influx in those who choose to open carry. Sadly some of themmay not be as resourcefull when it comes to school zones.

So I'll try to make a map. Or has anyone else made one?? i'll submit it on here for " peer editing" :p. Hopefully soon!



Ben
 

Flipper

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, Wisconsin, USA
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948.605 Gun−free school zones. (1)

(b) “School” has the meaning given in s. 948.61 (1) (b).

(c) “School zone” means any of the following:

1. In or on the grounds of a school.

2. Within 1,000 feet from the grounds of a school.

(2) .POSSESSION OF FIREARM IN SCHOOL ZONE.

(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.

(b) Paragraph (a) does not apply to the possession of a firearm:

1. On private property not part of school grounds;

2. If the individual possessing the firearm is licensed to do so by a political subdivision of the state or bureau of alcohol, tobacco and firearms in which political subdivision the school zone is located, and the law of the political subdivision requires that, before an individual may obtain such a license, the law enforcement authorities of the political subdivision must verify that the individual is qualified under law to receive the license;

3. That is not loaded and is:

a. Encased; or

b. In a locked firearms rack that is on a motor vehicle;

4. By an individual for use in a program approved by a school in the school zone;

5. By an individual in accordance with a contract entered into between a school in the school zone and the individual or anemployer of the individual;

6. By a law enforcement officer or state−certified commission warden acting in his or her official capacity; or

7. That is unloaded and is possessed by an individual while traversing school grounds for the purpose of gaining access to public or private lands open to hunting, if the entry on school grounds is authorized by school authorities.

8. By a person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the ][size=school forest under s. 120.13 (38).[/font]

948.61 Dangerous weapons other than firearms on school premises. (1) In this section:

(b) “School” means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
 

smithman

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Waukesha, Wisconsin, USA
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BJA wrote:
Okay so as open carriers we always have to be aware of statutes, one of them which is the school zone law. I hope in my free time over the next week or two to make a map listing the "school zones" in Milwaukee county. As John pierce said we may see an influx in those who choose to open carry. Sadly some of themmay not be as resourcefull when it comes to school zones.

So I'll try to make a map. Or has anyone else made one?? i'll submit it on here for " peer editing" :p. Hopefully soon!



Ben
DO NOT EVEN CONSIDER publishing such a map to THIS WEBSITE. It will only be used against people. Get within 1000' by a published map by one foot and you are now a felon. Also the law states something about "should be aware of the school zone". If you can't see the school down the street then you are not aware of it.

I repeat, DO NOT POST SUCH A MAP. It has great potential to be turned against open carriers.

edit: added "also the law..."
 

Mike

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Fairfax County, Virginia, USA
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smithman wrote:
BJA wrote:
Okay so as open carriers we always have to be aware of statutes, one of them which is the school zone law. I hope in my free time over the next week or two to make a map listing the "school zones" in Milwaukee county. As John pierce said we may see an influx in those who choose to open carry. Sadly some of themmay not be as resourcefull when it comes to school zones.

So I'll try to make a map. Or has anyone else made one?? i'll submit it on here for " peer editing" :p. Hopefully soon!



Ben
DO NOT EVEN CONSIDER publishing such a map to THIS WEBSITE. It will only be used against people. Get within 1000' by a published map by one foot and you are now a felon. Also the law states something about "should be aware of the school zone". If you can't see the school down the street then you are not aware of it.

I repeat, DO NOT POST SUCH A MAP. It has great potential to be turned against open carriers.

edit: added "also the law..."
i don't agree - a map would be useful in avoiding school zones.
 

smithman

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Location
Waukesha, Wisconsin, USA
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Mike wrote:
i don't agree - a map would be useful in avoiding school zones.
I just don't think its smart to post directly on the website. Distribute it among friends if you really want to but not directly here on the internet for any anti to download.
 

BJA

Campaign Veteran
Joined
May 4, 2008
Messages
503
Location
SOuth Milwaukee, Wisconsin, USA
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Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.



So Smithman What you are trying to say is that if we "don't know" it's a school zone or have reason to believe it's a school zone we may not be charged? I wonder if someone could run that by a lawyer for possible interpretation. I mean it could mean that there must be pre-emption on the part of the carrier. Such as I'm going to take my gun by that school just because.



Interesting point!

Calm down though, a map would be helpfull, but of course NOT DEAD ACCURATE. You saw Gregs little tool that he's been using for the picnic right? It's pretty neat. I'm not sure how much I trust it but it at least gives us an idea. Also a bigger problem........ School Property is included in the statute so now it gets real sticky. if I were to make a map it might take a month.:?



Ben
 

smithman

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Location
Waukesha, Wisconsin, USA
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BJA wrote:
Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.



So Smithman What you are trying to say is that if we "don't know" it's a school zone or have reason to believe it's a school zone we may not be charged? I wonder if someone could run that by a lawyer for possible interpretation. I mean it could mean that there must be pre-emption on the part of the carrier. Such as I'm going to take my gun by that school just because.



Interesting point!

Calm down though, a map would be helpfull, but of course NOT DEAD ACCURATE. You saw Gregs little tool that he's been using for the picnic right? It's pretty neat. I'm not sure how much I trust it but it at least gives us an idea. Also a bigger problem........ School Property is included in the statute so now it gets real sticky. if I were to make a map it might take a month.:?



Ben
BJA, yes, this is what I was getting at. I am just very paranoid about this getting into LEO hands and becoming a "pocket reference" to restrict our rights when observing an OCer. Maybe I came off as too excited about the issue...apologies for that. Maybe some other people can weight in on this. I'm not saying don't make one at all, its just be very careful about the distribution of such information.
 

BJA

Campaign Veteran
Joined
May 4, 2008
Messages
503
Location
SOuth Milwaukee, Wisconsin, USA
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Thanks for the concern, I'll give it some more thought. But now we should look at that possiblepre-madetated part of the statute. Do you know of any know cases? I'll be on the lookout for some myself.



Ben
 

Mike

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Here is the deal if you are observed open carrying by police, and they later determine you are in a school zone, you may be charged later - so it's best to know where you are re school zones.
 

Mr. Greg

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Joined
Jun 6, 2008
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Location
Greenfield, WI / Grand Forks, ND, ,
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I'm going to edit the pictures I made and place a big fat "NOT A LEGAL DOCUMENT" on them. They are merely estimations done by me, and are certainly not implied to be exact (Which is why South Shore Park was out; My estimation showed that at least one picnic area would be around 30-40 feet outside of the 1000 foot School Zone, yet I don't trust my estimations enough to risk 20+ OCers getting arrested by Flynn and his "troops." if that estimation turns out to be off, and we would indeed be inside of a school zone).

What smithman may have been hinting at (or at least it seemed to me he was), was the choice words in 948.605 that make things a bit more complicated...

948.605(2)(a)
(a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.

Smithman, were you implying that a map made would somehow indicate prior knoweldge of the existance and 1000 foot barriers of the school zones, forfeiting a defendant to claim that they did not "know" or have "reasonable cause to believe" that an area is within a school zone?

I mean, heck, I would never have guessed that 3/4 of South Shore Park would fall under a school zone without research, as the school's a few blocks away. I think it'd be a lot different if it was someone walking down the block right next to the school grounds, though.

I'm with Mike on this one. Showing evidence of intent to follow the law by any means necessary is leaps and bounds ahead of claiming ignorance as to how far exactly a school zone protrudes.
 
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